State of California CA Governor’s Office of Emergency Services IFB 8500-2016 5 ADMINISTRATIVE REQUIREMENTS SECTION This section contains the Administrative Requirements that must be met in order to be considered responsive to this Solicitation. All Administrative Requirements listed in this section are denoted as follows: (M) are Mandatory and scored on a pass/fail basis. A “Fail” will result in a bid being deemed non-responsive and, therefore, will be disqualified. Failure to provide a response to each Mandatory Requirement where indicated well result in disqualification. (O) are Optional and primarily for the preference programs. 5.1 BIDDER ADMINISTRATIVE RESPONSE DOCUMENTS 5.1.1 Response to Administrative Requirements (M) Bidders must indicate their willingness and ability to satisfy these Requirements by marking “Yes” on the “Bidder agrees “Yes/No” column on Exhibit 3, “Response to Administrative Requirements”. Answering “No” to any of the Mandatory Administrative Requirements (M) in the Final Bid will result in the bid being deemed non-responsive, and therefore disqualified. For optional requirements, Bidder may select “No” if it does not apply. 5.1.2 Cover Letter (M) A cover letter must be submitted containing the following: 1) Be on company letterhead; 2) Must include the legal name of the Bidding organization; 3) Must include the address of the Bidder’s organization; 4) Must include a statement that the bid response is the Bidder’s binding offer, good for 120-180 calendar days from scheduled date for Submission of Final Bids, as noted in Section 1.7, KEY ACTION DATES; 5) A statement indicating that the Bidder agrees to the Terms and Conditions (T&Cs) of this Solicitation and accepting responsibility as the Prime Contractor if awarded the Contract resulting from this Solicitation; 6) A statement indicating that the Bidder has available staff with the appropriate skills to complete the Contract for all deliverables as described in this Solicitation; 28 11/21/16 Addendum 5
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State of CaliforniaCA Governor’s Office of Emergency Services
IFB 8500-2016
5 ADMINISTRATIVE REQUIREMENTS SECTION
This section contains the Administrative Requirements that must be met in order to be
considered responsive to this Solicitation.
All Administrative Requirements listed in this section are denoted as follows:
(M) are Mandatory and scored on a pass/fail basis. A “Fail” will result in a bid
being deemed non-responsive and, therefore, will be disqualified. Failure to
provide a response to each Mandatory Requirement where indicated well result in
disqualification.
(O) are Optional and primarily for the preference programs.
5.1 BIDDER ADMINISTRATIVE RESPONSE DOCUMENTS
5.1.1 Response to Administrative Requirements (M)
Bidders must indicate their willingness and ability to satisfy these Requirements by
marking “Yes” on the “Bidder agrees “Yes/No” column on Exhibit 3, “Response to
Administrative Requirements”. Answering “No” to any of the Mandatory Administrative
Requirements (M) in the Final Bid will result in the bid being deemed non-responsive,
and therefore disqualified. For optional requirements, Bidder may select “No” if it does
not apply.
5.1.2 Cover Letter (M)
A cover letter must be submitted containing the following:
1) Be on company letterhead;
2) Must include the legal name of the Bidding organization;
3) Must include the address of the Bidder’s organization;
4) Must include a statement that the bid response is the Bidder’s binding offer, good
for 120-180 calendar days from scheduled date for Submission of Final Bids, as
noted in Section 1.7, KEY ACTION DATES;
5) A statement indicating that the Bidder agrees to the Terms and Conditions (T&Cs)
of this Solicitation and accepting responsibility as the Prime Contractor if awarded
the Contract resulting from this Solicitation;
6) A statement indicating that the Bidder has available staff with the appropriate
skills to complete the Contract for all deliverables as described in this Solicitation;
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7) Must be signed by an individual who is authorized to bind the Bidding firm
contractually. The individual’s name must also be typed, and include the title or
position that the individual holds in the firm. An unsigned cover letter may be
cause for the Final Bid to be rejected;
8) Must include the email and phone number of the person signing the letter; and
9) Must include the date signed.
5.1.3 Secretary of State (SOS) Certification (M)
If required by law, the Prime Contractor must submit a Certificate of Status from
California Secretary of State, showing Prime Contractor is certified with the California
SOS to do business in the State of California. If the Bidder does not currently have this
certification, the firm must be certified before a Contract award can be made, and must
provide information in the Final Bid to support the status of its application to be certified
to do business in the State of California.
Domestic and foreign Corporations, Limited Liability Companies (LLCs), Limited Liability
Partnerships (LLPs) and Limited Partnerships (LPs) must be registered with the
California SOS to be awarded the Contract. The SOS Certificate of Status must be
included with the bid. The required document(s) may be obtained through the SOS,
Certification and Records Unit at (916) 657-5448 or through the following website:
http://kepler.sos.ca.gov/ Exhibit 9, Secretary of State Certification.
5.1.4 Workers Compensation (M)
The Prime Contractor must maintain statutory Workers’ Compensation for all its
employees who will be engaged in the performance of the Contract, and agree to furnish
the State satisfactory evidence thereof at the time the State may so request. The Bidder
is required to sign Exhibit 4, Workers’ Compensation Certification, and submit it with the
Bid response.
5.1.5 Payee Data Record (M)
The Payee Data Record (STD.204) indicates the Bidder is subject to state income tax
withholdings pursuant to California Revenue and Taxation Code section 18662.
Bidders must complete Exhibit 7, Payee Data Record, and submit it with their bid. The
Bidder must provide the company’s Federal Employer Identification Number (FEIN)
(Business IRS Number) with their final bid submission on this form. The form can be
State of CaliforniaCA Governor’s Office of Emergency Services
IFB 8500-2016
In order to minimize the potential risk of default due to financial issues, the State
reserves the right to request additional documentation throughout the life of the awarded
contract.
The State must be assured that the Bidder continues to have the financial resources to
sustain their operations during potentially long system development and implementation
phases including the time required for the Customer to pay the Bidder after project
acceptance.
5.1.11 Bonds and Other Security Documents (M)
Bidders may be required by the user agency to submit proof of Bondability from a surety
admitted in California, which states the surety unconditionally offers to guarantee up to
value of an individual project, the Bidder’s performance in all respects of the terms and
conditions and provisions of this Contract.
5.2 BIDDING PREFERENCE PROGRAMS (O)
5.2.1 Disabled Veteran Business Enterprise (DVBE) Program
The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State
contracts are established in Public Contract Code (PCC), Section 10115 et seq., Military
and Veterans Code (MVC), Section 999 et seq., and California Code of Regulations
(CCR), Title 2, Section 1896.60 et seq.
PLEASE READ THESE REQUIREMENTS CAREFULLY. FAILURE TO COMPLY WITH THE MINIMUM DVBE PARTICIPATION REQUIREMENT WILL CAUSE YOUR SOLICITATION RESPONSE TO BE DEEMED NONRESPONSIVE AND YOUR FIRM INELIGIBLE FOR AWARD OF THE PROPOSED CONTRACT.
5.2.1.1 DVBE Participation Requirement (Waived for this Procurement)
5.2.1.2 DVBE Participation Incentive (O)
In accordance with §999.5(a) of the Military and Veterans Code, an incentive will be given to Bidders who meet a one-percent (1%) or more DVBE participation. For Contract Award evaluation purposes only, the State shall apply the incentive amount based on the amount of DVBE participation of one percent (1%) up to five percent (5%).If Bidder is claiming a DVBE preference, the Bidder must complete and submit Exhibit 12: GSPD-05-105 Bidder Declaration, Exhibit 13, DVBE Declarations and Exhibit 11: Bidding Preferences and Incentives. If Bidder is not using subcontractors, complete and sign Exhibit 5, List of Proposed Subcontractors (Public Works) with “Not Applicable”. See Section 9, Bid Evaluation, for details on the amount and application of the incentive during bid evaluation.
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5.2.2 Small Business (SB) Preference (O)
Section 14835 et seq. of the California Government Code requires that a five percent
(5%) preference be given to Bidders who qualify as a Small Business (SB). The rules
and regulations of this law, including the definition of a SB, or qualifying Non-SB, are
contained in Title 2, California Code of Regulations, Section 1896 et seq. The definition
of nonprofit veteran service agencies qualifying as a SB is contained in Section 999.50 et
seq. of the Military and Veterans Code. Bidders must complete and submit Exhibit 11,
Bidding Preferences and Incentives and Exhibit 12, GSPD-05-105 Bidder Declaration. If
bidder is not using subcontractors, complete Exhibit 12 answering the applicable
questions and return with the final bid.
5.2.3 Non-Small Business (Non-SB) Preference (O)
A five percent (5%) bid preference is available to a Non-SB claiming 25% California-
certified SB Subcontractor participation. If claiming the Non-SB Subcontractor
preference, the Bidder’s response must include a list of the SB(es) with which the firm
commits to subcontract in an amount of at least 25% of the net Bid price with one (1) or
more California-certified SB(es). Each listed certified SB must perform a Commercially
Useful Function (CUF) in the performance of the contract as defined in Government
Code §14838(b)(1)(2).
Bidders claiming the five percent (5%) preference must commit to subcontract at least
25% of the net Bid price with one (1) or more California-certified SB(es). Completed
certification applications and required support documents must be submitted to the
Office of SB and DVBE Services (OSDS) no later than 5 p.m. on the Bid due date, and
the OSDS must be able to approve the application as submitted. Questions regarding
certification should be directed to the OSDS at (916) 375-4940.
The preference to a Non-SB firm that commits to SB or microbusiness Subcontractor
participation of 25% of its net Bid price shall be five percent (5%) of the lowest
responsive, responsible firm’s price. A Non-SB, which qualifies for this preference, may
not take an award away from a certified SB.
If claiming a SB preference or using SB Subcontractors, the Bidder must complete and
If Bidder is not using Subcontractors, complete and sign Exhibit12, GSPD-05-105 Bidder
Declaration with “Not Applicable”.
Bidder(s) may be required to submit additional written clarifying information regarding
CUF (Exhibit 17, CUF Certification). Failure to submit the requested written information
as specified may be grounds for Bid rejection.
5.2.5 Target Area Contract Preference Act (TACPA) (O)
TACPA will be granted to California-based firms in accordance with Government Code
Section 4530 whenever contracts for goods or services are in excess of $100,000 and
the Bidder meets certain Requirements as defined in the California Administrative Code
(Title 2, Section 1896.30 et seq.) regarding labor needed to produce the goods or
provide the services being procured.
This solicitation contains Target Area Contract Preference Act (TACPA) preference request forms. Please carefully review the forms and requirements. Bidders are not
State of CaliforniaCA Governor’s Office of Emergency Services
IFB 8500-2016
required to apply for these preferences. Denial of the TACPA preference request is not a basis for rejection of the bid.
The State as part of its evaluation process reserves the right to verify, validate, and clarify all information contained in the bid. This may include, but is not limited to, information from bidders, manufacturers, subcontractors and any other sources available at the time of the bid evaluation. Bidder refusal to agree to and/or comply with these terms, or failure to provide additional supporting information at the State's request may result in denial of preference requested.
Contracts awarded with applied preferences will be monitored throughout the life of the contract for compliance with statutory, regulatory, and contractual requirements. The State will take appropriate corrective action and apply sanctions as necessary to enforce preference programs.
Any questions regarding the TACPA preference should be directed to the Department of General Services, Procurement Division at (916) 375-4609.
State of CaliforniaCA Governor’s Office of Emergency Services
IFB 8500-2016
of those services that it can no longer provide. The replacement must be at no cost to
the State, and shall be equivalent to or exceed the proposed service that was previously
offered and accepted by the State in the Contractor’s Final Bid or awarded Contract.
The State reserves the sole right to determine if the proposed replacement is acceptable.
The inability to provide a Mandatory Requirement may be grounds for Contract
termination in whole or in part.
5.7.3 Bid Rejection (M)
A Final Bid may be rejected if it is conditional or incomplete, or if it contains any
alterations of form or other irregularities, of any kind, in accordance with Section 2.5.4,
Errors in Final Bid. Deviation from terms and conditions previously approved for this IFB
may be cause for rejection of the Bid. Bidders submitting conditional bids may be
disqualified.
5.8 ADDITIONAL ADMINISTRATIVE REQUIREMENTS
5.8.1 Productive Use (M)
The objective of the productive use requirements is to protect the state from being an experimentalist for new equipment and software that has no record of proven performance. Although the state does not expect simply to install a solution already in productive use elsewhere, it wants to avoid becoming a “beta site” for a substantially new technology product.
The proposed solution must include only equipment and off-the-shelf software that is currently supported by its manufacturer. No equipment and/or software may be proposed, specified, or employed if the manufacturer has announced an end to support. The productive use Requirements defined in this subsection do not apply to any portion of the custom software developed or modified for the State under this contract.
5.8.2 Customer In-Use (M)
The State requires that each equipment and software component proposed as part of an
automated system must have been installed and in productive use, in substantially the
conformation bid, for a paying customer external to the Bidder’s organization, for at least
the number of months shown in the table below prior to the required date of installation
or Final Bid submission.
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Table 5-1: Productive Use Timeframes
Product Project CostFinal Bid
Submission
Category 1 – Critical Software
Software that is required to control the overall operation of a computer system or peripheral equipment. Included in this category are operating systems, data base management systems, language interpreters, assemblers and compilers, communications software, and other essential system software.
1) More than
$100,000 6 months
2) $10,000 up to
$100,000 3 months
3) Less than
$10,000 1 month
Category 2 – All Information Technology Equipment and Non-critical Software.Information technology equipment is defined in SAM Section 4819.2.
1) More than
$100,000 4 months
2) $10,000 up to
$100,000 3 months
3) Less than
$10,000 1 month
Substantial design changes in required system control modules or in components critical
to the processing requirements of the State’s workload are also subject to the In-use
requirement. Increases or decreases in numbers of components or minor alteration in
equipment or minor modifications or updates to software to provide improvements or
features, to correct errors, or to accommodate hardware changes may be exempt from
the In-use requirement by the Department of Technology, STP, if no substantial changes
in logic, architecture or design are involved.
5.8.3 Equipment (M)
All equipment offered must be new and the latest model in current production. Used,
shopworn, refurbished, demonstrator, prototype, or discontinued models are not
acceptable.
5.8.4 Public Works Requirements (Applicable To Installation Only) (M)
1) In accordance with the provisions of Section 1773 of the California Labor Code, the
Contractor shall conform and stipulates to the general prevailing rate of wages,
including employer benefits as defined in Section 1773.1 of the California Labor
Code, applicable to the classes of labor to be used for public works such as at the
delivery site for the assembly and installation of the equipment of materials
purchased under the contract.
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2) Pursuant to Section 1770 of the California Labor Code, the Department of Industrial
Relations has ascertained the general prevailing rate of wages in the county in which
the work is to be done, to be as listed in the Department of Transportation booklet
entitled General Prevailing Wage Rates. The booklet is required to be posted at the
job site. Contact the Department of Industrial Relations, Prevailing Wage Unit at
(415) 972-8628.
3) Prior to the commencement of performance, the Contractor must obtain and provide
to the State, a payment bond, on STD 807 when the contract involves a public works
expenditure (labor/installation costs) in excess of $5,000.00. Such bond shall be in a
sum not less than one-half the contract price for the public works portion of the
labor/installation costs. Forms will be made available to the Contractor.
4) Each participating Bidder shall submit with their bid a list of proposed subcontractors
or indicate that none are to be used. See EXHIBIT 5, List of Proposed
Subcontractors (Public Works). The State reserves the right to approve or object to
the use of proposed subcontractors on the list.
5) Each participating Bidder must certify that it is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that Code, and will comply with such provisions
before commencing with the performance of work of this contract. A Workers’
Compensation Certification must be completed and submitted with an original
signature with the Bidders Final Bid. See EXHIBIT 4, Workers’ Compensation
Certification.
5.8.5 Laws To Be Observed (M)
5.8.5.1 Labor
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Pursuant to Section 1775 of the California Labor Code, the Contractor shall, as a penalty
to the State or political subdivision on whose behalf the contract is made or awarded,
forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each
worker paid by the Contractor, or its subcontractor, less than the prevailing wage so
stipulated; and in addition, the Contractor further agrees to pay to each worker the
difference between the actual amount paid for each calendar day, or portion thereof, and
the stipulated prevailing wage rate for the same. This provision shall not apply to
properly registered apprentices.
Pursuant to Sections 1810-1815 of the California Labor Code, inclusive, it is further
agreed that the maximum hours a worker is to be employed is limited to eight hours a
day and forty hours a week and the Contractor shall forfeit, as a penalty to the State,
twenty-five dollars ($25) for each worker employed in the execution of the contract for
each calendar day during which a worker is required or permitted to labor more than
eight hours in any calendar day or more than forty hours in any calendar week, in
violation of Sections 1810-1815 of the California Labor Code, inclusive.
5.8.5.2 Travel and Subsistence Payments
The Contractor shall pay the travel and subsistence of each worker needed to execute
the work, as such travel and subsistence payments are defined in the applicable
collective bargaining agreements filed in accordance with California Labor Code Section
1773.8
5.8.5.3 Apprentices
Special attention is directed to Sections 1777.5, 1777.6, and 1777.7 of the California
Labor Code and Title 8, California Code of Regulations Section 200 et seq. Each
Contractor and/or subcontractor must, prior to commencement of the public works
contract, contact the Division of Apprenticeship Standards, 525 Golden Gate Avenue,
San Francisco, CA, or one of its branch offices to insure compliance and complete
understanding of the law regarding apprentices and specifically the required rationale
thereunder. Responsibility for compliance with this section lies with the prime
Contractor.
5.8.5.4 Payroll
The Contractor shall keep an accurate payroll record showing the name, address, Social
Security Account Number, work classification and straight time and overtime hours
worked by each employee. A certified copy of the employee’s payroll record shall be
made available for inspection as specified in Section 1776 of the California Labor Code.
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5.8.6 Contractor’s License (M)
Contractors and/or subcontractors performing cable and/or wiring installation work or
structural modifications for the State are required to have the appropriate State
contractor’s license. The license must be in the name of the company or the name of the
“qualifying individual” of the company. Complete and submit Exhibit 6, Contractor’s
License Information, with their final bid submittal.
The bidder certifies under penalty of perjury, the accuracy of the representations made
with regard to the contractor’s license number, class, and expiration date.
The contractor shall pay the rate of wages for regular, overtime, and holiday work plus
employer payments for benefits generally prevailing in the locality in which the work is
performed, for all crafts, classifications or types of workmen used on State premises at
the point of delivery by the contractor for the assembly and installation of material
purchased under this contract.
A bid that does not contain the information or if the information is later proven false, shall
be considered non responsive and rejected by the State.
5.8.7 Contractor’s Reporting Requirements (M)
Bidders agrees to all Contractor’s Reporting Requirements as stated in Appendix A,
Statement of Work, Section 1.17- Technical SLA Charts – CPE Turn-key and Host-